1 CRMP No. 2017 of 2025 2025:CGHC:43194-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2017 of 2025 1 - Ashraf Ali S/o Saiyyad Hasan Ali Aged About 42 Years R/o House No. 178 Near Government Hospital, Sardar Patel Ward, Kurud, Police Station - Kurud, Tahsil - Kurud, District- Dhamtari (C.G.) 2 - Syed Hasan Ali S/o Late Shamshad Ali Aged About 66 Years R/o House No. 178 Near Government Hospital, Sardar Patel Ward, Kurud, Police Station - Kurud, Tahsil - Kurud, District- Dhamtari (C.G.) 3 - Jubeda Bano W/o Hasan Ali Aged About 61 Years R/o House No. 178 Near Government Hospital, Sardar Patel Ward, Kurud, Police Station - Kurud, Tahsil - Kurud, District- Dhamtari (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Kurud, District- Dhamtari (C.G.) 2 - Arifa Khatoon W/o Ashraf Ali Aged About 38 Years R/o Kurud, Police Station Kurud, District- Dhamtari (C.G.) Presently Residing At Salhewara, Noorani Chowk, Dhamtari, District - Dhamtari (C.G.) Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Syed Imtiaz Ali, Advocate For State : Ms. Soumya Sharma, PL For Resp. No. 2 ; Mr. Ali Afzal Mirza, Advocate RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.08.26 17:33:23 +0530 2 CRMP No. 2017 of 2025 Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 26/08/2025 1. The present Criminal Miscellaneous Petition (CRMP) has been filed by the petitioners under Section 528 of the BNSS, seeking quashment of: I. The FIR dated 25.02.2025 bearing Crime No. 0060/2025, registered at Police Station Kurud, District Dhamtari (C.G.) against the petitioners; II. The final report No. 87/2025 dated 08.05.2025 filed against the petitioners under Section 85 of BNSS and Section 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019; III. The impugned order dated 08.05.2025 (Annexure P/2) passed by the learned Judicial Magistrate First Class, Kurud, District Dhamtari, taking cognizance of the charge- sheet and registering the criminal proceedings as Criminal Case No. 908/2025; IV. Any other relief deemed fit and proper by this Hon’ble Court. 2. Facts of the case, as emerging from the FIR, are that the complainant, Arifa Khatoon, resident of Salhewar Para, Nurani Chowk, Dhamtari, alleges she was married to petitioner no.1, Ashraf Ali, in 2004, and the couple has three daughters. She claims that on 25.01.2025, petitioner no.1, allegedly instigated by his parents (petitioners no.2 and 3), subjected her to mental and physical harassment and pronounced triple 3 CRMP No. 2017 of 2025 talaq (talaq-talaq-talaq) while she was residing in the matrimonial home. On 06.02.2025, petitioner no.1 allegedly married her younger sister, Aysha Khatoon, and, along with his parents, attempted to evict the complainant. On 16.02.2025, during a community meeting convened by her family, petitioner no.1 allegedly again pronounced triple talaq and expelled her from the matrimonial home. The complainant lodged an FIR on 24/25.02.2025 at Police Station City Kotwali, Dhamtari, under Section 85 of BNSS and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. The FIR also mentions that her parents, siblings, and community members are aware of the incidents. 3. Learned counsel for the petitioners submits that the petitioners fully complied with the directions of this Hon’ble Court by appearing before the mediation centre and depositing Rs. 50,000/-, although the mediation did not result in a settlement. It is contended that petitioner no.1 did not pronounce triple talaq and that the complainant continues to reside in the matrimonial home. The FIR, according to the petitioners, is entirely concocted. Moreover, the three daughters born out of the wedlock are living with their father, and the petitioners have not taken any action adverse to the complainant. 4. Learned counsel for the complainant/ respondent submits that the petitioners’ contentions are misconceived and factually inaccurate. The FIR dated 25.02.2025 was lodged after due verification and is based on the allegations made by the complainant Arifa Khatoon. 4 CRMP No. 2017 of 2025 5. Having heard the learned counsel for the parties and perused the pleadings, it is evident that the allegations in the FIR pertain to matrimonial disputes and the purported pronouncement of triple talaq by petitioner no.1. 6. A careful examination of the FIR reveals inconsistencies and raises serious doubts regarding its veracity. The complainant continues to reside in the matrimonial home, and the three daughters are living with their father. There is no evidence to indicate that petitioner no.1 or the other petitioners caused any legal injury or harm to the complainant. 7. The delay in lodging the FIR, the mediation proceedings, and the petitioners’ compliance with the Court’s directions collectively indicate that the FIR is based on an exaggerated and unsubstantiated narrative. The ingredients of any cognizable offence under Section 85 of BNSS or Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, are not made out. 8. In view of the foregoing discussion and the facts and circumstances of the case, this Court is of the considered opinion that the allegations made in the FIR dated 25.02.2025 bearing Crime No. 0060/2025, the final report No. 87/2025 dated 08.05.2025, and the impugned order dated 08.05.2025 (Annexure P/2) taking cognizance and registering Criminal Case No. 908/2025 against the petitioners, do not disclose the commission of any cognizable offence under Section 85 of BNSS or 5 CRMP No. 2017 of 2025 Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. 9. Accordingly, the FIR, charge-sheet, and all subsequent proceedings arising therefrom are hereby quashed and set aside. The petitioners are discharged of all proceedings arising from the same. The CRMP is allowed in the larger interest of justice. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul